C.S. SARAN KUMAR (IN W.P. NO. 26628 OF 2016) Vs. THE UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF LABOUR, SHRAM SHAKTI BHAVAN, NEW DELHI

JUDGEMENT

(1.) The petitioners are working as labourers under the Food Corporation of India and they are challenging the notification issued by the Central Government under Sec. 31 of the Contract Labour (Regulation and Abolition) Act, 1970 granting exemption to the Food Corporation of India Depot from all the earlier notifications issued, to start with on 29.06.1989.

(2.) According to the petitioners, they were originally employed as contract labourers by Food Corporation of India and they raised dispute before the Industrial Tribunal, Madras in I.D.No.55 of 1993 and I.D.No.39 of 1992, which directed the Food Corporation of India/3rd respondent to regularise their service vide Awards dated 29.07.1998 and 19.02.1997 respectively. The award was challenged by the Zonal Manager, Food Corporation of India, Chennai before this Court in W.P.Nos.11416 and 12416 of 1999 and the same was dismissed by the learned Single Judge of this Court on 14.08.2003. Against the said dismissal of the Writ Petitions by the learned Single Judge, the Writ Appeals were preferred before the Division Bench of this Court in Writ Appeal Nos.3382 and 3383 of 2013. After hearing the parties, the appeals were dismissed on 13.12.2006. Against which, Special Leave Petitions were preferred by the Food Corporation of India before the Honourable Supreme Court and the same are pending and no stay order has been obtained by the Food Corporation of India. The petitioners continued to be employed under the Food Corporation of India without regularization, pending SLPs before the Supreme Court. It is contended by Mr.Vijayakumar, learned counsel for 3rd respondent that pursuant to the Award passed by the Industrial Tribunal, all the workers covered under the award got the benefit under clause 12(3) settlement, entered into between the Union and the Management.

(3.) When that be the position, the Division Bench of Nagpur Bench, suo moto took up a Public Interest Litigation in PIL No.84 of 2014, based on newspaper item in the daily The Times of India wherein it was reported that, in the depots run by the Food Corporation of India, some of the department loaders were earning about Rs.4,00,000.00 (Rupees four lakhs only) per month. The Division Bench of the Nagpur Bench was of the opinion that the said fact is due to abuse of Government funds in efficiency and reluctance on the part of the authorities to act sternly against various persons, who indulged in siphoning of Government funds. The learned Single Judge of the said Court took cognizance of the news paper item. After hearing the parties, the Public Interest Litigation Petition was disposed of giving certain directions by the Nagpur Bench and Paragraph No.30 of the order is usefully extracted as follows:-